ESTATE OF OLIVIER ALEXANDRE P. COLETTE.
No. 7292---Sept. 28, 1876
WILL.—APPOINTMENT OF EXECUTOR.—Where it can be fairly determined who is the person nominated as executor, inaccuracies in
designating him, (he being the chief officer of one of the subordinate assemblies of a secret benevolent corporation or order,) may be
explained by testimony extrinsic to the will; and the person intended by the testator will receive the letters.
Construing sections, C. C., 1340, 1371.
Barstow, Stetson & Houghton, for executor.
Tully R. Wise and E. P. Cole, contra.
Application for probate of will. The question is as to appointment of an executor. The will reads:
“ I appoint Mr.
Pierre Theas, merchant, of the said City and
Deceased was a member of a society known
as the United Ancient Order of Druids, which is composed of subordinate bodies
called “Groves”. The Grove to which he
belonged was composed of French-speaking men, and its proceedings were in the
French language. The name of the order
was, in French, “L’Ancien Ordre Uni des Druides,” and the letters
A. O. U. D. were used by the French; Americans used the
By the COURT: Proponent is entitled to letters. The variance in the initial letters and the name of the office is fully accounted for; and the proponent is designated by his office.
Transcribed by Pat Seabolt.
© 2007 Pat Seabolt.
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